GOVERNMENT  OF  MAHARASHTRA

LAW   AND   JUDICIARY   DEPARTMENT

MAHARASHTRA ACT No. XXXI OF 1982.

THE MAHARASHTRA PREVENTION OF MALPRACTICES
AT UNIVERSITY, BOARD AND OTHER SPECIFIED
EXAMINATIONS ACT, 1982.

(As modified upto the 30th October, 2012)

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS, NAGPUR AND PUBLISHED
 BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI-400 004.

2013

[ Price— Rs.  4.00  ]

THE MAHARASHTRA PREVENTION OF MALPRACTICES AT
UNIVERSITY, BOARD AND OTHER SPECIFIED
EXAMINATIONS ACT, 1982.

( i )

CONTENTS

PREAMBLE.

SECTIONS.

1.

2.

3.

4.

Short title and commencement.

Definitions.

Duties of paper setters and punishment for contravention.

Duties of persons entrusted with printing, etc. of question papers and punishment

for contravention.

5.

Duties of persons entrusted with  custody  of  question  papers  and  punishment

for contravention.

6.

Prohibition of supply or publication of any question  paper  before  examination is

held.

7.

8.

9.

Prohibition of copying and impersonating at examinations.

Punishment for abetment for offences.

Offences to be cognizable and non-bailable.

10.

Offences to be  tried summarily.

11.

Repeal of Mah. Ord. IV of 1982 and saving.

THE MAHARASHTRA  ACT No. XXXI OF 19821

[THE MAHARASHTRA PREVENTION OF MALPRACTICES AT UNIVERSITY, BOARD
AND OTHER SPECIFIED EXAMINATIONS ACT, 1982].

[This Act received assent of the President on the 11th October 1982; assent was first
published in the Maharashtra Government Gazette, Part IV, Extraordinary, on the
14th October 1982].

Amended by Mah. 22 of 1991
An Act to provide for preventing malpractices at University, Board
and other specified examinations.

WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances
existed which rendered it necessary for him to take immediate action to have a special law
in this State to provide for preventing malpractices at examinations held or proposed to be
held  by  any  University  or  the  Board  or  any  other  authority  specified  by  the  State
Government in this behalf, including leakages of question papers or copying at such
examinations,  and  for  matters  connected  therewith,  and,  therefore,  promulgated  the
Maharashtra  Prevention  of  Malpractices  at  University,  Board  or  other  specified
Examinations Ordinance, 1982 on the 25th May 1982;

AND WHEREAS it is expendient to replace the said Ordinance by an Act of the
State Legislature; It is hereby enacted in the Thirty-third Year of the Republic of India as
follows :—

1.

(1) This Act may be called the Maharashtra Prevention of Malpractices at

University, Board and other specified Examinations Act, 1982.

(2) It shall be deemed to have come into force on the 25th May 1982.
2.

In this Act, unless the context otherwise requires,—

(a) “Board”  means  the  Maharashtra  State  Board  of  Secondary  and  Higher
Secondary Education established under the Maharashtra Secondary and Higher
Secondary Education Boards Act, 1965 or any of its Divisional Boards;

(b) “Examination” means any examination held or proposed to be held by any
University or the Board and includes such other examination held or proposed to
be held by such other authority as may be specified in this behalf, from time to time,
by the State Government by notification in the Offical Gazette;

(c) “University”  means  any  University  established  by  law  in  the  State  of

Maharashtra.
3.

(1) Any person who is appointed as a paper setter at any examination shall not
supply or cause to be supplied the question paper drawn by him or a copy thereof or
communicate the contents of such paper to any person or give publicity thereto in any
manner, except in accordance with the instructions given to him in writing by his appoint-
ing authority in this behalf.

(2) Any  person  who  contravenes  the  provisions  of    sub-section  (1)  shall,  on
conviction, be punished with imprisonment for a term which may extend to one year, or
with fine which may extend to one thousand rupees, or with both.
1 For  Statement  of  Objects  and  Reasons,  see    Maharashtra  Government  Gazette,  Part  V,
dated  14th  October  1982,  at  page  282.

Short  title  and
commence-
ment.

Definitions.

Duties  of
paper  setters
and  punish-
ment  for
contravention.

Mah.
Ord.
IV  of
1982.

Mah.
XLI  of
1965.

Duties  of
persons
entrusted
with  printing,
etc.  of
question
papers  and
punishment
for  contra-
vention.

Duties  of
persons
entrusted
with  custody
of  question
papers  and
punishment
for  contra-
vention.

Prohibition
of  supply  or
publication  of
any  question
paper  before
examination
is  held.

Prohibition
of  copying
and
impersonat-
ing  at
examina-
tions.

Punishment
for  abetment
1[of]  offences.
Offences  to  be
cognizable  and
non-bailable.

Offences  to  be
tried
summarily.

2

Maharashtra Prevention of Malpractices [1982 : Mah. XXXI
at University, Board and other specified
Examinations Act, 1982.

4. (1) Any person who is entrusted with the work of printing, cyclostyling, typing
or otherwise producing copies of any question paper set for the purposes of any exami-
nation  shall  not  supply  or  cause  to  be  supplied  a  copy  thereof  or  communicate  the
contents  thereof  to  any  person  or  give  publicity  thereto  in  any  manner,  except  in
accordance with the instructions given to him in writing by the authority which entrusted
the work to him.

(2) Any  person  who  contravenes  the  provisions  of    sub-section  (1)  shall,  on
conviction, be punished with imprisonment for a term which may extend to one year, or
with fine which may extend to one thousand rupees, or with both.

5. (1) Any person who is entrusted with the custody, or is otherwise in posses-
sion, of any question paper set up for the purposes of any examination shall not supply
or distribute or cause to be supplied or distributed any copy thereof or communicate the
contents thereof to any person or give publicity thereto in any manner, except in accor-
dance with the instructions given to him in writing by the authority which entrusted the
custody or gave possession thereof to him.

(2) Any  person  who  contravenes  the  provisions  of  sub-section    (1)  shall,  on
conviction, be punished with imprisonment for a term which may extend to one year, or
with fine which may extend to one thousand rupees, or with both.

6.

 Whoever has in his possession any question paper set or purported to be set
for any examination and supplies or causes to be supplied or offers to supply a copy
thereof, or communicates or offers to communicate the contents thereof, to any person,
whether for any consideration or otherwise, or gives publicity thereto in any manner,
except in accordance with the instructions issued in writing  by an authorised officer of
the University, Board or other authority concerned with the examination, at any time
before the examination is held, shall, on conviction, be punished with imprisonment for a
term which may extend to one year, or with fine which may extend to one thousand rupees,
or with both.
7.

 Whoever is found in or near an examination hall by the invigilator or any other
person appointed to supervise the conduct of the examination, copying answers to the
question paper set at the examination, from any book, notes or answer papers of other
candidates, or appearing at the examination for any other candidate or using any other
unfair means, shall, on conviction, be punished with imprisonment for a term which may
extend to six months, or with fine which may extend to five hundred rupees, or with both.
 Whoever abets any offence punishable under this Act shall be punishable with

8.

the punishment provided for the offence.

9.

 Notwithstanding anything contained in the Code of Criminal Procedure, 1973,

all offences under this Act shall be cognizable offences and shall be non-bailable.

10. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,
all offences under this Act shall be tried in a summary way by any Metropolitan Magis-
trate or any Judicial Magistrate of the First Class and the provisions of  Sections 262 to
265 (both inclusive) of the said Code shall, as far as may be, apply to such trial:

Provided that in the case of conviction for any offence in a summary trial under this
section, it shall be lawful for the Magistrate to pass sentence of imprisonment for any term
for which such offence is punishable under this Act.

1 This  word  was  substituted  for  the  word  “or”  by  Mah.  22  of  1991,  Second  Schedule.

II  of
1974.

II  of
1974.

1982 : Mah. XXXI]
  Maharashtra Prevention of Malpractices
                                             at University, Board and other specified

3

Examinations Act, 1982.

11. (1) The  Maharashtra  Prevention  of  Malpractices  at  University,  Board  and

other specified Examinations Ordinance, 1982, is hereby repealed.

Mah.
Ord.
IV  of
1982.

Repeal  of
Mah.  Ord.  IV
of  1982  and
saving.

(2) Notwithstanding such repeal, anything done or any action taken (including
any notification issued) under the said Ordinance shall be deemed to have been done,
taken or issued, as the case may be, under the corresponding provisions of this Act.

—————

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